Academic

Walsh on Partial Constitutionality

By Lawrence Solum

Kevin Christian Walsh (Villanova University - School of Law) has posted Partial Unconstitutionality on SSRN. Here is the abstract:

Severability doctrine provides the leading, and some say only, way to deal with partially unconstitutional statutes. But severability is a deeply flawed doctrine whose distinctive function - which is not to save, but to destroy - is misunderstood. This Article provides an alternative, based on the approach used in the first several decades of judicial review. This Article excavates the old approach and explains how a reconstructed version of that original approach can be implemented in today's significantly different processes of constitutional adjudication.

Full post as published by Legal Theory Blog on May 14, 2009 (boomark / email).